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DIRECTIVE No

DIRECTIVE No. 1/1998/CT-TTg OF JANUARY 2, 1998 TO STRICTLY BAN THE USE OF EXPLOSIVES, ELECTRIC IMPULSES AND TOXICS TO EXPLOIT AQUATIC RESOURCES

The use of explosives, electric impulses and toxics to exploit aquatic resources is an act of exterminating the resources, damaging the ecology and polluting the habitat of aquatic resources, thus seriously violating the Ordinance on Protection and Development of Aquatic Resources.

In recent years, the Prime Minister, the Ministry of Aquatic Resources and concerned ministries, branches and provincial People's Committees have issued many documents strictly banning the above-mentioned acts, Nevertheless, the use of electric impulses, explosives and toxics to exploit aquatic resources has still occurred fairly often in various provinces, particularly Central Vietnam provinces.

In order to ensure a strict enforcement of the Ordinance on Protection and Development of Aquatic Resources, to effectively prevent then put an end to the use of electric impulses, explosives and toxics to exploit aquatic resources, the Prime Minister hereby instructs:

1. To strictly prohibit all organizations and individuals to illegally produce, trade in, store, transport or use explosives, electric impulses and toxics to exploit aquatic resources in all water areas.

2. The Ministry of Defense, the Ministry of the Interior and the Ministry of Industry shall have to take measures to strictly manage the sources of explosives, detonators, delayed-action fuses and toxics in accordance with the provisions in Decree No. 47-CP of August 12, 1996 of the Government, resolutely prevent any leakage of these materials into the market.

3. The Ministry of the Interior and the Ministry of Defense shall direct the police and border guard forces to coordinate with the aquatic resource protection forces of the aquatic resource branch and the local administration of various levels in inspecting, searching and arresting people who illegally trade in, store, transport or use explosives, electric impulses and toxics to exploit aquatic resources and severely deal with such acts according to law, some typical cases should be documented and brought to trial immediately in the first quarter of 1998.

4. The Ministry of Culture and Information shall direct the news agency, the central and local newspapers, radio and television stations to regularly propagate and disseminate (free of charge) the Ordinance on Protection and Development of Aquatic Resources and the Prime Minister's Directive to ban the use of explosives, electric impulses and toxics in the exploitation of aquatic resources, launch propaganda campaigns through the mass media to disseminate in various forms the adverse effects of the catching of aquatic products with explosives, toxics or electric impulses so as to make the entire people aware that the protection and development of aquatic resources is everyone's duty

5. The Ministry of Aquatic Resources shall assume the prime responsibility for coordinating with the ministries, departments and branches at central and local levels in deploying the implementation of the Ordinance on Protection and Development of Aquatic Resources and government stipulations prohibiting the use of explosives, electric impulses and toxics to exploit aquatic resources; directing the Department for Protection of Aquatic Resources and the provincial/municipal Services of Aquatic Resources to coordinate with the forces of various branches and localities in enhancing the management, inspection and monitoring of fishing boats before they leave for the sea; even conducting on-land inspection and supervision to discover cases of storing and transporting explosives, toxics and electric impulses to be supplied to fishing boats as well as aquatic products caught by such means and handle these cases according to current regulations.

6. The People's Committees of the provinces and cities directly under the Central Government shall direct the People's Committees of urban and rural districts and communes to strictly enforce this Directive. They should make plans and assign concrete tasks to the local departments, branches and forces with the inspection and supervision function so that they can well perform the propaganda work to educate the people to strictly observe the regulations banning the use of explosives, toxics and electric impulses to exploit aquatic resources. At the same time, they shall coordinate with the central branches and other localities in enhancing the management, inspection and supervision and promptly handling violations in the field of the management of explosives and the catching of aquatic resources with explosives, toxics or electric impulses. They shall have plans to survey and classify poor fishermen and take measures to help them develop aquaculture or exploit aquatic resources with suitable gear.

7. The Ministry of Aquatic Resources and the People's Committees of the provinces and cities directly under the Central Government shall have plans for and take initiative in coordinating with the Vietnam Fatherland Front, the Ho Chi Minh Communist Youth Union, the Vietnam Women's Union, the Vietnam Peasants' Association and the Veterans' Association in mobilizing and educating the people to participate in protecting and developing aquatic resources, in fighting and preventing the exploitation of aquatic resources with explosives, toxics or electric impulse.

8. The annual funding for the propaganda, education, persuasion and inspection work as well as activities hunting for acts of exploiting aquatic resources with explosives, electric impulses and toxics shall be deducted from the amount of fines imposed on administrative violations in the field of protection of aquatic resources. The Ministry of Finance shall consult the Ministry of Aquatic Resources before defining concretely the deduction percentage and the principle in the management and use of such funding, ensuring funding for activities. In the immediate future, the Ministry of Planning and Investment shall allocate part of the budget of the Bien Dong (East Sea) and Islands Program to the Ministry of Aquatic Resources so that the later can immediately carry out these activities in the first quarter of 1998.

9. The Ministry of Aquatic Resources shall have to oversee the implementation of this Directive and periodically report the implementation results to the Prime Minister.

The Minister of Aquatic Resources, the Minister of Defense, the Minister of the Interior, the Minister of Industry, the Minister of Culture and Information, heads of the concerned ministries and branches and the presidents of the People's Committees of the provinces and cities directly under the Central Government shall have to implement this Directive.

For the Prime Minister

Deputy Prime Minister

NGUYEN CONG TAN